Section 1284.10  Requirements for Licensure Under Section 20 of the Act (Grandfather)

(Repealed)

 

(Source:  Repealed at 35 Ill. Reg. 12885, effective July 20, 2011)

 

Section 1284.20  Approved Programs

 

a)         Effective January 1, 2014, an applicant's massage therapy training must meet the following minimum criteria:

 

1)         A minimum of 600 clock hours or its equivalent in credit hours of supervised classroom and supervised hands-on instruction. Should an applicant not meet the required number of classroom/hands-on hours, the Division may require completion of additional coursework, as identified in subsection (a)(2), prior to licensure. For purposes of this subsection (a)(1), "supervised" means the supervisor is physically on-site, qualified and immediately available.

 

2)         The minimum required subject matter and activities are:

 

A)        Human anatomy, physiology, pathology and kinesiology.

 

B)        Massage therapy theory, technique and practice, which may include but is not limited to: effleurage/gliding; petrissage/kneading; compression; friction tapotement/percussion; vibration; direct pressure; superficial warming techniques; pumping; stretching; jostling; shaking; rocking.

 

C)        Contraindications, benefits, universal precautions, body mechanics, history, client data collection, documentation, ethics, business and legalities of massage, professional standards including draping and modesty, therapeutic relationships and communications.

 

3)         Each student must maintain a minimum grade of 70% for all massage therapy related course and clinical work as described in this Section.

 

b)         A massage therapy program must meet the following minimum criteria:

 

1)         Maintain a written program philosophy, objectives and plan of organization;

 

2)         Have written plans of study, including prerequisite, requisite and elective courses;

 

3)         Maintain course outlines or syllabi for all massage therapy courses;

 

4)         Provide a student handbook;

 

5)         Have a faculty that consists of a sufficient number of full and part-time instructors to ensure that the educational obligations to the student are fulfilled.  Lab/clinical/community course core (lead) faculty must demonstrate competence in their respective areas of teaching as evidenced by a minimum of 2 years or 2000 hours of experience in their field.  Human sciences course core (lead) faculty (anatomy, pathology, physiology) must demonstrate competence in their respective areas of teaching as evidenced by a minimum of 2 years or 2000 hours experience in their field and/or by appropriate degrees/certificates from approved colleges/schools/institutions/programs;

 

6)         If a program utilizes faculty assistants, it shall establish and maintain policies that set forth qualifications, duties and procedures for use of these personnel.  Faculty assistants shall not be used as substitutes or replacements for regular faculty; shall not be responsible for the overall evaluation of any student; and shall work under the direct supervision of approved faculty;

 

7)         Maintain permanent student records that summarize the credentials for admission, attendance, grades and other records of performance;

 

8)         The ratio of students to faculty in the lab/clinical/community area shall not exceed 20 students to 1 instructor with no more than 10 student therapists and 10 serving as clients; and

 

9)         All hands-on practice must be done on a living human being.

 

c)         A massage therapy program from another jurisdiction must have substantially similar criteria for an applicant to have his or her credentials accepted for licensure by the Department.

 

(Source:  Amended at 38 Ill. Reg. 5880, effective February 24, 2014)

 

Section 1284.30  Application for Licensure

 

a)         Any applicant for a massage therapy license shall meet all of the following requirements:

 

1)         The applicant is at least 18 years of age and of good moral character;

 

2)         The applicant has successfully completed an approved massage therapy program in accordance with Section 1284.20 or a substantially similar massage therapy program from another jurisdiction and passed the National Certification Board for Therapeutic Massage & Bodywork's (NCBTMB) examination or the Massage & Bodywork Licensing Examination (MBLEx) administered by the Federation of State Massage Therapy Boards (FSMTB).

 

3)         Should an applicant not meet the required number of classroom/hands-on hours required for licensure, the Division may require completion of additional coursework prior to licensure.

 

4)         Verification of fingerprint processing from the Illinois Department of State Police (ISP), an ISP live scan vendor whose equipment has been certified by ISP, or a fingerprint vendor agency licensed by the Division.  Out-of-state residents unable to utilize the ISP electronic fingerprint process may submit to ISP one fingerprint card issued by ISP, accompanied by the fee specified by ISP.  Fingerprints shall be taken within the 60 days prior to application.

 

5)         Pay the required fee specified in Section 1284.50.

 

b)         When the accuracy of any submitted documentation or the relevance or sufficiency of the course work or experience is questioned by the Division because of lack of information, discrepancies or conflicts in information given, or a need for clarification, the applicant seeking licensure shall be requested to:

 

1)         Provide such information as may be necessary; and/or

 

2)         Appear for an interview before the Massage Licensing Board (Board) to explain such relevance or sufficiency, clarify information or clear up any discrepancies or conflicts in information.

 

(Source:  Amended at 38 Ill. Reg. 5880, effective February 24, 2014)

 

Section 1284.40  Endorsement

 

An applicant who is currently licensed under the laws of another jurisdiction and who wishes to be licensed as a massage therapist by endorsement shall file an application with the Division, on forms provided by the Division, that shall include:

 

a)         Certification, on forms provided by the Division, of successful completion of an approved massage therapy program in accordance with Section 1284.20 or a substantially similar massage therapy program from another jurisdiction.  Should an applicant not meet the required number of classroom/hands-on hours, the Division may require completion of additional coursework prior to licensure;

 

b)         Certification from the jurisdiction of original licensure and the state in which the applicant is currently licensed and practicing, if other than the original, stating the time during which the applicant was licensed in that state, whether the file on the applicant contains records of any disciplinary actions taken or pending, and the applicant's license number;

 

c)         A report of the applicant's examination record forwarded directly from NCBTMB or FSMTB;

 

d)         Either:

 

1)         Verification of electronic fingerprint processing from the Illinois Department of State Police or one of the Illinois State Police approved vendors.  Applicants shall contact one of the approved vendors for fingerprint processing; or

 

2)         Out-of-state residents unable to utilize the Illinois State Police electronic fingerprint process may submit to one of the Illinois State Police approved vendors one fingerprint card issued by the Illinois State Police, accompanied by the fee specified by the vendor; and

 

e)         The required fee specified in Section 1284.50.

 

(Source:  Amended at 37 Ill. Reg. 13417, effective January 1, 2014)

 

Section 1284.45  Display of License

 

Every holder of a license as a massage therapist shall display the license in a conspicuous place in the licensee's place of practice, in the place of practice in which the licensee is employed, or, if the licensee is engaged in massage therapy at more than one place of practice, in the licensee's principal place of practice or the principal place of practice of the licensee's employer.  If the licensee practices in more than one location, a copy of the license shall be displayed in a conspicuous place at all other places of practice.

 

(Source:  Added at 35 Ill. Reg. 12885, effective July 20, 2011)

 

Section 1284.50  Fees

 

The following fees shall be paid to the Division and are not refundable:

 

a)         Application Fees

The fee for application for a license as a massage therapist is $175.

 

b)         Renewal Fees

The fee for the renewal of a license shall be calculated at the rate of $87.50 per year.

 

c)         Sponsor Fees

 

1)         The fee for licensure as a continuing education sponsor shall be $500.

 

2)         The fee for renewal as a continuing education sponsor shall be $250 every two years.

 

d)         General Fees

 

1)         The fee for the restoration of a license other than from inactive status is $50 plus payment of all lapsed renewal fees, not to exceed $470.

 

2)         The fee for the issuance of a duplicate license, for the issuance of a replacement license, for a license that has been lost or destroyed, or for the issuance of a license with a change of name or address, other than during the renewal period, is $20.  No fee is required for name and address changes on Division records when no duplicate license is issued.

 

3)         The fee for a certification of a licensee's record for any purpose is $20.

 

4)         The fee to have the scoring of an examination authorized by the Division reviewed and verified is $20 plus any fees charged by the applicable testing service.

 

5)         The fee for a wall certificate showing licensure shall be the actual cost of producing the certificate.

 

6)         The fee for a roster of persons licensed as massage therapists in this State shall be the actual cost of producing the roster.

 

(Source:  Amended at 35 Ill. Reg. 12885, effective July 20, 2011)

 

Section 1284.60  Renewals

 

a)         Every massage therapy license issued under the Act shall expire on December 31 of each even numbered year.  The holder of a license may renew the license during the month preceding the expiration date by paying the required fee and, beginning with the December 31, 2008 renewal and every renewal thereafter, completing continuing education (CE) in accordance with Section 1284.90.

 

b)         It is the responsibility of each licensee to notify the Division of any change of address.  Failure to receive a renewal form from the Division shall not constitute an excuse for failure to renew a license or pay the renewal fee.

 

c)         Practicing or offering to practice on a license that has expired shall be considered unlicensed activity and shall be grounds for discipline pursuant to Section 45 of the Act.

 

(Source:  Amended at 30 Ill. Reg. 12114, effective June 29, 2006)

 

Section 1284.70  Inactive Status

 

a)         Licensed massage therapists who notify the Division, on forms provided by the Division, may place their licenses on inactive status and shall be excused from paying renewal fees until they notify the Division in writing of the intention to resume active practice.

 

b)         Any licensed massage therapist seeking restoration from inactive status shall do so in accordance with Section 1284.80.

 

(Source:  Amended at 30 Ill. Reg. 12114, effective June 29, 2006)

 

Section 1284.80  Restoration

 

a)         A person seeking restoration of a license after it has expired or has been placed on inactive status for less than 5 years shall file an application with the Division, with the fee specified in Section 1284.50 and proof of 24 hours of continuing education as defined in Section 1284.90 in the 2 years immediately preceding the restoration application.

 

b)         A person seeking restoration of a license after it has expired or has been placed on inactive status for 5 years or more shall file an application with the Division, with the fee specified in Section 1284.50 and proof of 24 hours of continuing education as defined in Section 1284.90 in the 2 years immediately preceding the restoration application.  The person shall also submit one of the following:

 

1)         Certification of current licensure from  the appropriate state board or licensing authority in another jurisdiction in which the registrant was authorized to practice, and proof of current active practice.  Proof of current active practice shall include one verification of employment completed by the applicant's supervisor or, if self-employed, by a peer or colleague who is familiar with the applicant's work;

 

2)         An affidavit attesting to military service as provided in Section 70 of the Act.  Any person seeking restoration of a license within 2 years after discharge from military service pursuant to Section 70 of the Act shall pay the current renewal fee and will not be required to submit proof of meeting the continuing education requirements; or

 

3)         Proof of successful completion of an exam approved by the Division within 2 years prior to the restoration application.

 

(Source:  Amended at 35 Ill. Reg. 12885, effective July 20, 2011)

 

Section 1284.90  Continuing Education

 

a)         Continuing Education Hours Requirements

 

1)         Beginning with the December 31, 2008 renewal and every renewal thereafter, in order to renew a license, a licensee shall be required to complete 24 hours of continuing education, including at least 2 hours of ethics. 

 

2)         A pre-renewal period is the 24 months preceding December 31 of each even-numbered year. 

 

3)         One CE hour shall equal 50 minutes.

 

4)         Courses that are part of the curriculum of a university, college or other educational institution shall be allotted CE credit at the rate of 15 CE hours for each semester hour or 10 CE hours for each quarter hour of school credit awarded.

 

5)         A renewal applicant shall not be required to comply with CE requirements for the first renewal of an Illinois license.

 

6)         Massage therapists licensed in Illinois but residing and practicing in other states shall comply with the CE requirements set forth in this Section.

 

7)         Continuing education credit hours used to satisfy the CE requirements of another jurisdiction may be applied to fulfill the CE requirements of the State of Illinois.

 

b)         Approved Continuing Education (CE)

 

1)         CE hours shall be earned by verified attendance at (e.g., certificate of attendance or certificate of completion) or participation in a program or course (program) that is offered or sponsored by an approved continuing education sponsor;

 

2)         All 24 hours of CE credit per renewal may be earned as follows:

 

A)        For completion of a self-study course that is offered by an approved sponsor who meets the requirements set forth in subsection (c).  Each self-study course shall include an examination.

 

B)        Credit may be earned for papers prepared and delivered before recognized massage therapy organizations; papers published in nationally recognized massage therapy journals; or a chapter published in a book on massage therapy, each appropriately verified.

 

C)        First time presentation of an academic course or workshop, seminar, in-service, electronic or Web-based course.  Speeches made at luncheons or banquets or any other presentation not within the guidelines of this Section are not eligible for CE credit.

 

c)         Approved CE Sponsors and Programs

 

1)         Sponsor shall mean:

 

A)        Entities approved by the National Certification Board for Therapeutic Massage and Bodywork (NCBTMB);

 

B)        The American Massage Therapy Association (AMTA) and its chapters;

 

C)        Any approved massage therapy program or accredited school, college, university or State agency; and

 

D)        Any other person, firm, or association that has been approved and licensed by the Division pursuant to subsection (c)(2) to coordinate and present continuing education courses and programs in conjunction with this Section.

 

2)         An entity seeking licensure as a CE sponsor shall submit an application, on forms supplied by the Division, along with the fee set forth in Section 1284.50. The applicant shall certify to the following:

 

A)        That all programs offered by the sponsor for CE credit will comply with the criteria in subsection (c)(3) and all other criteria in this Section.  A sponsor shall be required to submit a CE program with course materials for review prior to being approved as a CE sponsor;

 

B)        That the sponsor will be responsible for verifying attendance at each program and provide a certificate of attendance as set forth in subsection (c)(9);

 

C)        That, upon request by the Division, the sponsor will submit evidence (e.g., certificate of attendance or course materials) as is necessary to establish compliance with this Section.  Evidence shall be required when the Division has reason to believe that there is not full compliance with the statute and this Part and that this information is necessary to ensure compliance.

 

3)         All programs shall:

 

A)        Contribute to the advancement, extension and enhancement of the professional skills and knowledge of the licensee in the practice of massage, which shall include, but not be limited to, ethical reasoning, critical reasoning, interpersonal abilities and performance skills;

 

B)        Be developed and presented by persons with 2 years of education and/or experience in the subject matter of the program;

 

C)        Specify the course objectives, course content and teaching methods to be used; and

 

D)        Specify the number of CE hours that may be applied to fulfilling the Illinois CE requirements for license renewal.

 

4)         Each CE program shall provide a mechanism for evaluation of the program and instructor by the participants.  The evaluation may be completed on-site immediately following the program presentation or an evaluation questionnaire may be distributed to participants to be completed and returned by mail.  The sponsor and the instructor, together, shall review the evaluation outcome and revise subsequent programs accordingly.

 

5)         An approved sponsor may subcontract with individuals and organizations to provide approved programs.

 

6)         All programs given by approved sponsors shall be open to all licensed massage therapists and not be limited to members of a single organization or group.

 

7)         To maintain approval as a licensed sponsor, each sponsor shall submit to the Division by each even-numbered year a renewal application, the renewal fee specified in Section 1284.50 of this Part, and a list of courses and programs offered within the last 24 months.  The list shall include a brief description, location, date and time of each course given.

 

8)         It shall be the responsibility of a sponsor to provide each participant in a program with a certificate of attendance or participation.  The sponsor's certificate of attendance shall contain:

 

A)        The name, address and license number of the sponsor;

 

B)        The name and license number of the participant;

 

C)        A brief statement of the subject matter;

 

D)        The number of hours attended in each program;

 

E)        The date and place of the program; and

 

F)         The signature of the sponsor or person responsible for the CE program.

 

9)         The sponsor shall maintain attendance records for not less than 5 years.

 

10)         The sponsor shall be responsible for assuring that no renewal applicant shall receive CE credit for time not actually spent attending the program.

 

11)         Upon the failure of a sponsor to comply with any of the requirements of this Section, the Division, after notice to the sponsor and hearing before and recommendation by the Board (see 68 Ill. Adm. Code 1110), shall thereafter refuse to accept for CE credit attendance at, or participation in any of that sponsor's CE programs until such time as the Division receives assurances of compliance with this Section.

 

12)         Notwithstanding any other provision of this Section, the Division or Board may evaluate any sponsor of any approved CE program at any time to ensure compliance with requirements of this Section.

 

d)         Certification of Compliance with CE Requirements

 

1)         Each renewal applicant shall certify, on the renewal application, full compliance with the CE requirements.

 

2)         The Division may require additional evidence demonstrating compliance with the CE requirements (e.g., certificate of attendance).  This additional evidence shall be required in the context of the Division's random audit.  It is the responsibility of each renewal applicant to retain or otherwise produce evidence of compliance.

 

3)         When there appears to be a lack of compliance with CE requirements, an applicant shall be notified in writing and may request an interview with the Board.  At that time, the Board may recommend that steps be taken to begin formal disciplinary proceedings as required by Section 10-65 of the Illinois Administrative Procedure Act [5 ILCS 100/10-65].

 

e)         Continuing Education Earned in Other Jurisdictions

 

1)         If a licensee has earned or is seeking CE hours offered in another jurisdiction not given by an approved sponsor for which the licensee will be claiming credit toward full compliance in Illinois, the applicant shall submit an individual program approval request form, along with a $25 processing fee, prior to participation in the program or within 90 days prior to expiration of the license.  The Board shall review and recommend approval or disapproval of the program using the criteria set forth in subsection (c)(3) of this Section.

 

2)         If a licensee fails to submit an out of state CE approval form within the required time frame, late approval may be obtained by submitting the approval request form with the $25 processing fee plus a $50 per CE hour late fee not to exceed $300.  The Board shall review and recommend approval or disapproval of the program using the criteria set forth in subsection (c)(3) of this Section.

 

f)         Restoration of Nonrenewed License.  Upon satisfactory evidence of compliance with the current CE requirements, the Division shall restore the license upon payment of the required fee as provided in Section 1284.50.

 

g)         Waiver of CE Requirements

 

1)         Any renewal applicant seeking renewal of a license without having fully complied with these CE requirements shall file with the Division a renewal application, along with the required fee set forth in Section 1284.50, a statement setting forth the facts concerning noncompliance and request for waiver of the CE requirements on the basis of these facts.  A request for waiver shall be made prior to the renewal date.  If the Division, upon the written recommendation of the Board, finds, from such affidavit or any other evidence submitted, that extreme hardship has been shown warranting granting a waiver, the Division shall waive enforcement of CE requirements for the renewal period for which the applicant has applied.

 

2)         Extreme hardship shall be determined on an individual basis by the Board and be defined as an inability to devote sufficient hours to fulfilling the CE requirements during the applicable pre-renewal period because of:

 

A)        Full-time service in the armed forces of the United States of America during a substantial part of the pre-renewal period;

 

B)        An incapacitating illness documented by a statement from a currently licensed physician;

 

C)        A physical inability to travel to the sites of approved programs documented by a currently licensed physician; or

 

D)        Any other similar extenuating circumstances.

 

3)         Any renewal applicant who, prior to the expiration date of the license, submits a request for a waiver, in whole or in part, pursuant to the provisions of this Section shall be deemed to be in good standing until the final decision on the application is made by the Division.

 

(Source:  Amended at 45 Ill. Reg. 2812, effective March 1, 2021)

 

Section 1284.110  Granting Variances

 

a)         The Director of the Division of Professional Regulation of the Department of Financial and Professional Regulation (Director) may grant variances from this Part in individual cases where he or she finds that:

 

1)         the provision from which the variance is granted is not statutorily mandated;

 

2)         no party will be injured by the granting of the variance; and

 

3)         the rule from which the variance is granted would, in the particular case, be unreasonable or unnecessarily burdensome.

 

b)         The Director shall notify the Board of the granting of the variance, and the reasons for granting the variance, at the next meeting of the Board.